Tucker v. Pacific Railroad
Supreme Court of Missouri
Error to Cooper Circuit Court. .The Boonville , branch of the Pacific Railroad extends from Boonville to Tipton, a distance of twenty-six miles. It connects at Tipton with the main line of the road. Bunceton is a station on the branch, about ten miles north of Tipton. On the 13th of. December, 1870, Thomas Tucker offered for shipment at Bunceton station five cars of hogs, which it may be conceded-defendant agreed to receive and transport.
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Error to Cooper Circuit Court. .The Boonville , branch of the Pacific Railroad extends from Boonville to Tipton, a distance of twenty-six miles. It connects at Tipton with the main line of the road. Bunceton is a station on the branch, about ten miles north of Tipton. On the 13th of. December, 1870, Thomas Tucker offered for shipment at Bunceton station five cars of hogs, which it may be conceded-defendant agreed to receive and transport. When the train to Boonville passed north the conductor left word that he could not. take them, and on the return trip he did not take them to Tipton, the…
1Opinion of the CourtAdams, Judge
This was an action on a contract of affreightment, whereby the defendant, at the town of Bunceton, received.a-quantity of hogs belonging to plaintiff on its cars, and agreed to deliver them at St. Louis in a reasonable time. The plaintiff gave evidence conducing to prove that the hogs were not delivered in due time, and that, if the hogs had béen delivered in time, they would have brought more in the market by twenty cents .on the hundred pouhds than when actually delivered, and that by the delay the hogs had shrunk in weight.
The defendant offered to prove that the delay was owing- to the…
2Cited by7 opinions
- Crockett v. BurlesonWest Virginia Supreme Court · 1906
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
- Faulkner v. South Pacific RailroadSupreme Court of Missouri · 1873
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Malone v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1919
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